Vishal Vijay Kalantri v. The State Of Maharashtra

502.ABA.668, 669.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 668 OF 2019 Vijay Govardhandas Kalantri ...

Applicant

Versus

The State of Maharashtra ...

Respondent AND ANTICIPATORY BAIL APPLICATION NO. 669 OF 2019 Vishal Vijay Kalantri ...

Applicant

Versus

The State of Maharashtra ...

Respondent Ms. Mallika Ingale a/w Mr. Akhil Sarathy a/w Mr. Nikhil Waje i/b Thodur Law Associates for the Applicant in ABA/668/2019 and ABA/669/2019. Mr. A.R. Kapadnis, A.P.P. for the Respondent - State. Mr. D.T. Sonake, A.P.I., Dighi Sagri Police Station, Raigad, present. CORAM : P.N. DESHMUKH, J.

DATED : 3rd APRIL, 2019.

P.C. :

Complainant Mr. Laxman Basgonda Jakhgand authorised representative of Arush Engineers Pvt. Ltd. is present. Learned Counsel for applicants has tendered at bar terms of settlement entered between applicants and complainant. Both the settlement terms are taken on record and marked 'X' collectively for identification. Waghmare 1/2

502.ABA.668, 669.19.doc Record reveal that by interim orders dated 15.03.2019 both the applicants were protected by interim order from their arrest by extending protection granted by the trial Court further on the ground that there is likelihood of amicable settlement. The dispute involved in both the applications prima facie appears to be of purely civil in nature which on referring to the original consent terms taken on record is found duly been settled. Complainant agrees to the terms of settlement as has been arrived at with both the applicants. In that view of the matter, interim order in force is liable to be confirmed subject to parties adhering to the terms of settlement as per interim order dated 15.03.2019, which order stands confirmed subject to condition at specified in para 10 of the same. Having considered the fact that on the basis of complaint lodged as police machinery is put into motion, and sufficient investigation is carried out applications are allowed by imposing cost as per order below:

ORDER

(i) Applicants to pay cost of Rs.25,000/- each. The cost shall be deposited with the Registrar of this Court on or before 18.04.2019. (ii) On depositing the cost, same shall be equally distributed amongst Police Welfare Fund, District Raigad and to A.A.W.I. for Kirtikar Law Library, High Court, Bombay.

(P.N. DESHMUKH, J.) Waghmare 2/2